[Congressional Record Volume 169, Number 49 (Thursday, March 16, 2023)]
[Senate]
[Page S822]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. MENENDEZ. Mr. President, section 36(b) of the Arms Export Control 
Act requires that Congress receive prior notification of certain 
proposed arms sales as defined by that statute. Upon such notification, 
the Congress has 30 calendar days during which the sale may be 
reviewed. The provision stipulates that, in the Senate, the 
notification of proposed sales shall be sent to the chairman of the 
Senate Foreign Relations Committee.
  In keeping with the committee's intention to see that relevant 
information is available to the full Senate, I ask unanimous consent to 
have printed in the Record the notifications which have been received. 
If the cover letter references a classified annex, then such annex is 
available to all Senators in the office of the Foreign Relations 
Committee, room SD-423.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  Defense Security


                                           Cooperation Agency,

                                                   Washington, DC.
     Hon. Robert Menendez,
     Chairman, Committee on Foreign Relations,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: Pursuant to the reporting requirements 
     of Section 36(b)(1) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 23-02, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of Australia for defense 
     articles and services estimated to cost $895 million. We will 
     issue a news release to notify the public of this proposed 
     sale upon delivery of this letter to your office.
           Sincerely,
                                                       Mike Miller
                                  (For James A. Hursch, Director).
       Enclosures


                         transmittal no. 23-02

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(1) of the Arms Export Control Act, as 
         amended.
       (i) Prospective Purchaser: Government of Australia.
       (ii) Total Estimated Value:
       Major Defense Equipment * $526 million.
       Other $369 million.
       Total $895 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Up to two hundred (200) Tomahawk Block V All Up Rounds 
     (AUR)(RGM-109E).
       Up to twenty (20) Tomahawk Block IV All Up Rounds 
     (AUR)(RGM-109E).
       Non-MDE: Also included is support for all three segments of 
     Australia's Tomahawk Weapon System (TWS) to include the All 
     Up Round (AUR), the Tactical Tomahawk Weapon Control System 
     (TTWCS) and the Theater Mission Planning Center (TMPC). The 
     support consists of unscheduled missile maintenance; spares; 
     procurement; training; in-service support; software; 
     hardware; communication equipment; operational flight test; 
     engineering and technical expertise to maintain the TWS 
     capability; and other related elements of logistical and 
     program support.
       (iv) Military Department: Navy (AT-P-LGJ).
       (v) Prior Related Cases, if any: None.
       (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed 
     to be Paid: None.
       (vii) Sensitivity of Technology Contained in the Defense 
     Article or Defense Services Proposed to be Sold: See Attached 
     Annex.
       (viii) Date Report Delivered to Congress: March 16, 2023.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          policy justification

                   Australia--Tomahawk Weapon System

       The Government of Australia has requested to buy up to two 
     hundred (200) Tomahawk Block V All Up Rounds (AUR) (RGM-
     109E); and up to twenty (20) Tomahawk Block IV All Up Rounds 
     (AUR) (RGM-109E). Also included is support for all three 
     segments of Australia's Tomahawk Weapon System (TWS) to 
     include the All Up Round (AUR), the Tactical Tomahawk Weapon 
     Control System (TTWCS) and the Theater Mission Planning 
     Center (TMPC). The support consists of unscheduled missile 
     maintenance; spares; procurement; training; in-service 
     support; software; hardware; communication equipment; 
     operational flight test; engineering and technical expertise 
     to maintain the TWS capability; and other related elements of 
     logistical and program support. The estimated total cost is 
     $895 million.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States. Australia 
     is one of our most important allies in the Western Pacific. 
     The strategic location of this political and economic power 
     contributes significantly to ensuring peace and economic 
     stability in the region. It is vital to the U.S. national 
     interest to assist our ally in developing and maintaining a 
     strong and ready self-defense capability.
       The proposed sale will improve Australia's capability to 
     interoperate with U.S. maritime forces and other allied 
     forces as well as its ability to contribute to missions of 
     mutual interest. By deploying the Tomahawk Weapon System, 
     Australia will contribute to global readiness and enhance the 
     capability of U.S. Forces operating alongside them globally. 
     Australia will use the enhanced capability as a deterrent to 
     regional threats and to strengthen its homeland defense. 
     Australia will have no difficulty absorbing this equipment 
     into its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The prime U.S. contractor will be Raytheon Missiles and 
     Defense, Tucson, AZ. There are no known offset agreements 
     proposed in connection with this potential sale.
       Implementation of this proposed sale will require multiple 
     trips by U.S. Government representatives and contractor 
     personnel to visit Australia on a temporary basis over the 
     life of the case to support delivery and integration of items 
     and to provide supply support management, inventory control, 
     and equipment familiarization. Visits will also include 
     program and technical reviews.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         transmittal no. 23-02

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(1) of the Arms Export Control Act

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       1. The Block IV/V All Up Round (AUR) consists of the RGM-
     109E Tomahawk cruise missile assembled in a canister for 
     surface launch. Tomahawk Block IV/V capabilities include, 
     increased system flexibility, improved system response times, 
     improved lethality against an increased target set, improved 
     accuracy, improved Anti-Jam GPS Receiver (AGR) with Selective 
     Availability Anti-Spoofing Module (SAASM) capability, 
     enhanced availability due to a 15-year maintenance interval 
     and two-way communications between missile and Strike/Missile 
     Controllers via Ultra High Frequency (UHF) Satellite 
     Communications (SATCOM). The two-way communication 
     capability, provided by the Satellite Data Link Terminal 
     (SDLT) enables Mission Planners and the Strike/Missile 
     Controller to issue in-flight missile retargeting commands, 
     receive in-flight missile Health & Status (H&S) 
     transmissions, obtain Battle Damage Indication (BDI) data and 
     obtain single-frame Battle Damage Indication Imagery (BDII) 
     using the onboard camera that is part of the Digital Scene 
     Matching Area Correlator (DSMAC) Sensor Assembly (DSA).
       2. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       3. If a technologically advanced adversary were to obtain 
     knowledge of the specific hardware and software elements, the 
     information could be used to develop countermeasures that 
     might reduce weapon system effectiveness or be used in the 
     development of a system with similar or advanced 
     capabilities.
       4. A determination has been made that Australia can provide 
     substantially the same degree of protection for the sensitive 
     technology being released as the U.S. Government. This sale 
     is necessary in furtherance of the U.S. foreign policy and 
     national security objectives outlined in the Policy 
     Justification.
       5. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     Australia.

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